POST-TRIAL: INTRODUCTORY                                CALCRIM No. 225

A[n] (intent/ [and/or] mental state) may be proved by circumstantial evidence.

Before you may rely on circumstantial evidence to conclude that a fact necessary to find the defendant guilty has been proved, you must be convinced that the People have proved each fact essential to that conclusion beyond a reasonable doubt.

Also, before you may rely on circumstantial evidence to conclude that the defendant had the required (intent/ [and/or] mental state), you must be convinced that the only reasonable conclusion supported by the circumstantial evidence is that the defendant had the required (intent/ [and/or] mental state). If you can draw two or more reasonable conclusions from the circumstantial evidence, and one of those reasonable conclusions supports a finding that the defendant did have the required (intent/ [and/or] mental state) and another reasonable conclusion supports a finding that the defendant did not, you must conclude that the required (intent/ [and/or] mental state) was not proved by the circumstantial evidence. However, when considering circumstantial evidence, you must accept only reasonable conclusions and reject any that are unreasonable.

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to instruct on how to evaluate circumstantial evidence if the prosecution substantially relies on circumstantial evidence to establish the element of a specific intent or a mental state. (People v.

Yrigoyen (1955) 45 Cal.2d 46, 49 [286 P.2d 1].)

Give this instruction when the defendant’s intent or mental state is the only element of the offense that rests substantially or entirely on circumstantial

55.

CALCRIM 225 Circumstantial Evidence: Intent or Mental State-Page 55
 CALCRIM 225 Circumstantial Evidence: Intent or Mental State-Page 56  
CALCRIM 225 Circumstantial Evidence: Intent or Mental State-Page 57

(Pub 1284)

Copyright 2008 Judicial Council of California. 

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